[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Presidential Documents]
[Pages 29519-29523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12220]


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                         Presidential Documents 
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  Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 29519]]

                Proclamation 8818 of May 14, 2012

                
To Implement the United States-Colombia Trade 
                Promotion Agreement and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. On November 22, 2006, the United States entered into 
                the United States-Colombia Trade Promotion Agreement 
                (the ``Agreement'') and on June 28, 2007, the United 
                States and Colombia amended the Agreement. The Congress 
                approved the Agreement, as amended, in section 101(a) 
                of the United States-Colombia Trade Promotion Agreement 
                Implementation Act (the ``Implementation Act'') (Public 
                Law 112-42, 125 Stat. 462).

                2. Section 105(a) of the Implementation Act authorizes 
                the President to establish or designate within the 
                Department of Commerce an office that shall be 
                responsible for providing administrative assistance to 
                panels established under chapter 21 of the Agreement.

                3. Section 201 of the Implementation Act authorizes the 
                President to proclaim such modifications or 
                continuation of any duty, such continuation of duty-
                free or excise treatment, or such additional duties, as 
                the President determines to be necessary or appropriate 
                to carry out or apply Articles 2.3, 2.5, 2.6, and 
                3.3.13 and Annex 2.3 of the Agreement.

                4. Consistent with section 201(a)(2) of the 
                Implementation Act, Colombia is to be removed from the 
                enumeration of designated beneficiary developing 
                countries eligible for the benefits of the Generalized 
                System of Preferences (GSP).

                5. Section 3103 of the Andean Trade Promotion and Drug 
                Eradication Act (title XXXI of the Trade Act of 2002, 
                Public Law 107-210) (ATPDEA) amended section 204(b) of 
                the Andean Trade Preference Act (19 U.S.C. 3203(b)) 
                (ATPA) to provide that certain preferential tariff 
                treatment may be provided to eligible articles that are 
                the product of any country that the President 
                designates as an ``ATPDEA beneficiary country'' 
                pursuant to section 204(b)(6)(B) of the ATPA, as 
                amended. In Proclamation 7616 of October 31, 2002, 
                Colombia and Peru were designated as beneficiary 
                countries under the ATPDEA.

                6. Consistent with section 201(a)(3) of the 
                Implementation Act, Colombia is removed from the 
                enumeration of beneficiary countries under the ATPA (19 
                U.S.C. 3202(a)(1)). Consequently, Colombia is also 
                removed from the enumeration of beneficiary countries 
                under the ATPDEA.

                7. Consistent with section 604 of the Trade Act of 
                1974, as amended (the ``1974 Act'') (19 U.S.C. 2483), I 
                have determined that other technical and conforming 
                changes to the Harmonized Tariff Schedule of the United 
                States (HTS) are necessary to reflect that Colombia is 
                no longer eligible to receive the benefits of the GSP, 
                the ATPA, and the ATPDEA.

                8. Section 201(d) of the Implementation Act authorizes 
                the President to take such action as may be necessary 
                in implementing the tariff-rate quotas set forth in 
                Appendix I to the General Notes to the Schedule of the 
                United States to Annex 2.3 of the Agreement to ensure 
                that imports of agricultural goods do not disrupt the 
                orderly marketing of commodities in the United States.

[[Page 29520]]

                9. Section 203 of the Implementation Act sets forth 
                certain rules for determining whether a good is an 
                originating good for the purpose of implementing 
                preferential tariff treatment provided for under the 
                Agreement. I have determined that it is necessary to 
                include these rules of origin, together with particular 
                rules applicable to certain other goods, in the HTS.

                10. Section 203(o) of the Implementation Act authorizes 
                the President, after receiving a request from an 
                interested entity, to determine that a fabric, yarn, or 
                fiber is or is not available in commercial quantities 
                in a timely manner in Colombia or the United States; to 
                establish procedures governing the submission of a 
                request for any such determination and ensuring 
                appropriate public participation in any such 
                determination; to add to the list of the United States 
                as set forth in Annex 3-B of the Agreement any fabric, 
                yarn, or fiber determined to be not available in 
                commercial quantities in a timely manner in Colombia 
                and the United States; or to remove from the list in 
                Annex 3-B of the Agreement any fabric, yarn, or fiber 
                that the President has previously added to that list.

                11. Section 208 of the Implementation Act authorizes 
                the President to take certain enforcement actions 
                relating to trade with Colombia in textile and apparel 
                goods.

                12. Subtitle B of title III of the Implementation Act 
                authorizes the President to take certain actions in 
                response to a request by an interested party for relief 
                from serious damage or actual threat thereof to a 
                domestic industry producing certain textile or apparel 
                articles.

                13. Executive Order 11651 of March 3, 1972, as amended, 
                established the Committee for the Implementation of 
                Textile Agreements (CITA), consisting of 
                representatives of the Departments of State, the 
                Treasury, Commerce, and Labor, and the Office of the 
                United States Trade Representative, with the 
                representative of the Department of Commerce as 
                Chairman, to supervise the implementation of textile 
                trade agreements. Consistent with section 301 of title 
                3, United States Code, when carrying out functions 
                vested in the President by statute and assigned by the 
                President to CITA, the officials collectively 
                exercising those functions are all to be officers 
                required to be appointed by the President with the 
                advice and consent of the Senate.

                14. Section 501(a) of the Implementation Act amended 
                section 208(a) of the ATPA (19 U.S.C. 3206(a)) to 
                extend the duration of duty-free treatment under the 
                ATPA until July 31, 2013. I have determined that a 
                modification to the HTS is necessary to reflect this 
                amendment.

                15. Section 201 of the Omnibus Trade Act of 2010 (the 
                ``Trade Act of 2010'') (Public Law 111-344, 124 Stat. 
                3611), amended section 208(a)(1) of the ATPA (19 U.S.C. 
                3206(a)(1)) to provide that no duty-free treatment or 
                other preferential treatment extended to beneficiary 
                countries under the ATPA shall remain with respect to 
                Peru after December 31, 2010. I have determined that a 
                modification to the HTS is necessary to reflect this 
                amendment. Consequently, Peru is removed from the 
                enumeration of beneficiary countries under the ATPA and 
                the ATPDEA.

                16. Section 1952(a) of the Small Business Job 
                Protection Act of 1996 (Public Law 104-188, 110 Stat. 
                1755) amended title V of the 1974 Act, to provide, in 
                part, that the President may not designate as an 
                eligible article under the GSP ``[t]extile and apparel 
                articles which were not eligible articles for purposes 
                of this title on January 1, 1994, as this title was in 
                effect on such date.'' I have determined that a 
                modification of general notes 4 and 10 to the HTS is 
                necessary to reflect this amendment.

                17. Presidential Proclamation 8332 of December 29, 
                2008, implemented U.S. tariff commitments under the 
                United States-Oman Free Trade Agreement and 
                incorporated by reference Publication 4050 of the 
                United States International Trade Commission (the 
                ``Commission''), entitled ``Modifications to the 
                Harmonized Tariff Schedule of the United States 
                Implementing the United States-Oman Free Trade 
                Agreement.'' Annex II to that publication included 
                certain errors in the quantities specified under 
                certain tariff-rate quotas

[[Page 29521]]

                and references to relevant tariff lines. I have 
                determined that a modification to the HTS is necessary 
                to correct those errors.

                18. Presidential Proclamation 8405 of August 31, 2009, 
                modified certain rules of origin under the North 
                American Free Trade Agreement and incorporated by 
                reference Publication 4095 of the Commission, entitled 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States to Adjust Rules of Origin Under the 
                North American Free Trade Agreement.'' Certain rules of 
                origin were incorrectly deleted from the HTS. I have 
                determined that a modification to general note 12 to 
                the HTS is necessary to restore those rules of origin.

                19. Presidential Proclamation 8771 of December 29, 
                2011, modified the HTS to conform to amendments made to 
                the International Convention on the Harmonized 
                Commodity Description and Coding System and 
                incorporated by reference Publication 4276 of the 
                Commission, entitled ``Modifications to the Harmonized 
                Tariff Schedule of the United States Under Section 1206 
                of the Omnibus Trade and Competitiveness Act of 1988.'' 
                Annex II to that publication included incorrect rates 
                of duty for certain articles for the years 2016 through 
                2018. I have determined that a modification of general 
                note 31 to the HTS is necessary to reflect the correct 
                rate of duty for these articles.

                20. Presidential Proclamation 8783 of March 6, 2012, 
                implemented U.S. tariff commitments under the United 
                States-Korea Free Trade Agreement and incorporated by 
                reference Publication 4308 of the Commission, entitled 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States to Implement the United States-Korea 
                Free Trade Agreement.'' Annex II to that publication 
                included an error in the staged duty applied to two 
                tariff subheadings. I have determined that a 
                modification to the HTS is necessary to correct that 
                error.

                21. Section 604 of the 1974 Act authorizes the 
                President to embody in the HTS the substance of 
                relevant provisions of chapter V of that Act, and of 
                other Acts affecting import treatment, and of actions 
                taken thereunder, including the removal, modification, 
                continuance, or imposition of any rate of duty or other 
                import restriction.

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by virtue of the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including but not limited to 
                section 604 of the 1974 Act, section 1952(a) of the 
                Small Business Job Protection Act of 1996, section 201 
                of the Trade Act of 2010, sections 105(a), 201, 203, 
                208, 501, and subtitle B of title III of the 
                Implementation Act, and section 301 of title 3, United 
                States Code, and having made the determination under 
                section 101(b) of the Implementation Act necessary for 
                the exchange of notes, do hereby proclaim:

                (1) In order to provide generally for the preferential 
                tariff treatment being accorded under the Agreement, to 
                set forth rules for determining whether goods imported 
                into the customs territory of the United States are 
                eligible for preferential tariff treatment under the 
                Agreement, to provide certain other treatment to 
                originating goods of Colombia for the purposes of the 
                Agreement, and to reflect Colombia's removal from the 
                list of beneficiary developing countries under the GSP, 
                and from the list of beneficiary countries under ATPA 
                and ATPDEA, the HTS is modified as set forth in Annex I 
                of Publication 4320 of the Commission, entitled 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States to Implement the United States-
                Colombia Trade Promotion Agreement,'' which is 
                incorporated by reference into this proclamation.

                (2) The modifications to the HTS made in paragraph (1) 
                of this proclamation shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after the relevant dates indicated 
                in Annex I of Publication 4320.

[[Page 29522]]

                (3) In order to implement the initial stage of duty 
                elimination provided for in the Agreement and to 
                provide for future staged reductions in duties for 
                originating goods of Colombia for purposes of the 
                Agreement, the HTS is modified as provided in Annex II 
                of Publication 4320, effective on the dates specified 
                in the relevant sections of such Annex and on any 
                subsequent dates set forth for such duty reductions in 
                that Annex.

                (4) In order to implement section 501(a) of the 
                Implementation Act, the HTS is modified as set forth in 
                section A of Annex III of Publication 4320.

                (5) The modifications to the HTS set forth in section A 
                of Annex III of Publication 4320 shall be effective 
                with respect to goods entered, or withdrawn from 
                warehouse for consumption, on or after November 5, 
                2011.

                (6) The Secretary of Commerce is authorized to exercise 
                the authority of the President under section 105(a) of 
                the Implementation Act to establish or designate an 
                office within the Department of Commerce to carry out 
                the functions set forth in that section.

                (7) The CITA is authorized to exercise the authority of 
                the President under section 203(o) of the 
                Implementation Act to determine that a fabric, yarn, or 
                fiber is or is not available in commercial quantities 
                in a timely manner in Colombia and the United States; 
                to establish procedures governing the request for any 
                such determination and ensuring appropriate public 
                participation in any such determination; to add any 
                fabric, yarn, or fiber determined to be not available 
                in commercial quantities in a timely manner in Colombia 
                and the United States to the list in Annex 3-B of the 
                Agreement; or to remove from the list in Annex 3-B of 
                the Agreement any fabric, yarn, or fiber that the 
                President has previously added to that list.

                (8) The CITA is authorized to exercise the authority of 
                the President under section 208 of the Implementation 
                Act to direct the exclusion of certain textile and 
                apparel goods from the customs territory of the United 
                States and to direct the denial of preferential tariff 
                treatment to textile and apparel goods.

                (9) The CITA is authorized to exercise the functions of 
                the President under subtitle B of title III of the 
                Implementation Act to review requests, and to determine 
                whether to commence consideration of such requests; 
                after an appropriate determination, to cause to be 
                published in the Federal Register a notice of 
                commencement of consideration of a request and notice 
                seeking public comment; to determine whether imports of 
                a Colombian textile or apparel article are causing 
                serious damage, or actual threat thereof, to a domestic 
                industry producing an article that is like, or directly 
                competitive with, the imported article; and to provide 
                relief from imports of an article that is the subject 
                of an affirmative determination as to damage or threat.

                (10) The United States Trade Representative (USTR) is 
                authorized to fulfill the obligations of the President 
                under section 104 of the Implementation Act to obtain 
                advice from the appropriate advisory committees and the 
                Commission on the proposed implementation of an action 
                by Presidential proclamation; to submit a report on 
                such proposed action to the appropriate congressional 
                committees; and to consult with those congressional 
                committees regarding the proposed action.

                (11) The USTR is authorized to modify U.S. note 33 to 
                subchapter XXII of chapter 98 of the HTS in a notice 
                published in the Federal Register to reflect 
                modifications pursuant to paragraph (7) of this 
                proclamation by the CITA to the list of fabrics, yarns, 
                or fibers in Annex 3-B of the Agreement.

                (12) In order to reflect Peru's removal from the list 
                of beneficiary countries under the ATPA and the ATPDEA, 
                the HTS is modified as set forth in section B of Annex 
                III to Publication 4320.

                (13) The modifications to the HTS set forth in section 
                B of Annex III to Publication 4320 shall be effective 
                with respect to goods entered, or withdrawn from 
                warehouse for consumption, on or after January 1, 2011.

[[Page 29523]]

                (14) In order to reflect the amendments to title V of 
                the 1974 Act, general notes 4 and 10 to the HTS are 
                modified as set forth in section A of Annex IV to 
                Publication 4320.

                (15) The modifications to the HTS set forth in section 
                A of Annex IV to Publication 4320 shall be effective 
                with respect to goods entered, or withdrawn from 
                warehouse for consumption, on or after January 1, 1996.

                (16) In order to provide the intended tariff treatment 
                to certain goods of Oman under the terms of general 
                note 31 to the HTS, subchapter XVI of chapter 99 and 
                general note 31 to the HTS are modified as set forth in 
                section B of Annex IV to Publication 4320.

                (17) The modifications to the HTS set forth in section 
                B of Annex IV to Publication 4320 shall be effective 
                with respect to goods entered, or withdrawn from 
                warehouse for consumption, on or after January 1, 2009.

                (18) In order to provide the intended tariff treatment 
                to certain goods of Canada or of Mexico under the terms 
                of general note 12 to the HTS, general note 12 is 
                modified as set forth in section C of Annex IV to 
                Publication 4320.

                (19) The modifications to the HTS set forth in section 
                C of Annex IV to Publication 4320 are effective with 
                respect to goods entered, or withdrawn from warehouse 
                for consumption, on or after February 3, 2007.

                (20) In order to provide the intended tariff treatment 
                to goods of Korea under the terms of general note 33, 
                the HTS is modified as set forth in section D of Annex 
                IV to Publication 4320.

                (21) The modifications to the HTS set forth in section 
                D of Annex IV to Publication 4320 are effective with 
                respect to goods entered, or withdrawn from warehouse 
                for consumption, as set forth in section D of Annex IV 
                to Publication 4320.

                (22) All provisions of previous proclamations and 
                Executive Orders that are inconsistent with the actions 
                taken in this proclamation are superseded to the extent 
                of such inconsistency.

                 IN WITNESS WHEREOF, I have hereunto set my hand this 
                fourteenth day of May, in the year of our Lord two 
                thousand twelve, and of the Independence of the United 
                States of America the two hundred and thirty-sixth. 
                
                
                    (Presidential Sig.)

[FR Doc. 2012-12220
Filed 5-17-12; 8:45 am]
Billing code 3295-F2-P